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Everything posted by WC79

  1. I have a very general question, would a contractor that providing onsite support service be eligible for government rideshare (benefit providing subsidy for metro and bus cost) program thru the government organization?
  2. Are you saying that this is an unauthorized commitment because the CO lacks the authority to move forward with a sole source requirement?
  3. FAR Part 6 applies to this requirement Let me add clarity to this. The acquisition office (making the award) went about making an award without getting the necessary approvals (sole source justification). After the award was made the sole source justification was submitted for approval (submitted to Head of Contracting Activity).
  4. If an acquisition office provides a sole source justification after the award of a contract, what exactly is this in violation of? The approval to sole source was never received prior to issue of the solicitation. If the approval comes after the award of the contract, what type of violation is this?
  5. Why wouldnt prohibition (FAR 16.301-3(b)) in the FAR apply to this?
  6. Quick question - When awarding a task order from a commercial vehicle like NITAAC (which is a GWAC that provides IT services and supplies)(FAR 16.5)) for IT services, can you award a cost-reimbursement task order? According to FAR 16.301-3(b) The use of cost-reimbursement contracts is prohibited for the acquisition of commercial products and commercial services . I was wondering if this also applies to FAR 16.5.
  7. FAR 8.405-6(a)(1)(c) - Justification for limiting sources states "In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures." I need help on the interpretation of the statement "in the interest of economy and efficiency" . Does anyone know how this portion is being defined?
  8. I've added a bit of information to the original topic. Who covers the cost (of testing)when testing is not provided onsite and the contractor has to seek out testing in order to gain access.
  9. COVID-19 testing (screening tests) for onsite access to government facilities for unvaccinated contractors, who covers the cost of the testing when it (testing) is not provided at the government facility and the contractor has to seek out testing? Should the contractors employer be held responsible for covering the cost of testing. Or should the government cover the cost. If contractor access to the government site is required who covers the cost?
  10. Just curious. In the instance of a self imposed ceiling why would a LSJ be needed?
  11. I recently received a question concerning BPA total dollar limitations and what action might be needed to increase that amount. My agency has a requirement that approaching the total dollar limitation and our program folks would like to increase the total dollar limitation. Understanding that a BPA is not a contract, does anyone have experience in handling situations like this. Ordinarily this would warrant a J&A to increase the total dollar amount or a within scope modification.
  12. I agree, the contract was researched and everyone was clear that the contract did not prohibit its use. I've never came a across this before and wanted to make sure i wasnt missing anything.
  13. Thanks this is helpful. Was this a case you were familiar with? if not how were able to find this case. I tried searching several times but couldn't find anything.
  14. Thats correct. The consultant is being proposed as key personnel on the contract and is not an employee of the contractor. Is this possible?
  15. I'm faced with an issue of a contractor proposing a consultant as Key Personnel on a firm fixed price service contract. The HHSAR (352.237-75)doesn't seem to outright prohibit it but i wanted to see if anyone has come across something like this before.
  16. So my organization is currently faced with the issue of having annual funding to conduct non-severable activity (biomedical R&D). With funding lacking to obligate an entire contract amount up front I was wondering if the statement of work for the requirement was written in phases (recruitment, exam, follow-up) and the phases are listed as options could each phase be fully funded when exercised. Lets assume the phases were recruitment - 6 months, exam - 22 months, follow up - 8 months.
  17. I recently received a question on whether contractors can assist the government in receiving/accepting invoices for the government. I know there are definitely conflict of interest implications with this. But is there anything else out there? Has anyone seen this done before?
  18. I have access to the class J&A., but it makes no mention of an expiration date or the period of performance exceeding March of 2021. I was wondering if anyone has heard anything else about that i might not be considering. Its my understanding that the class J&A is effective until removed by the HCA. As for the period of performance my understanding is that contracts can be awarded at any time while the class J&A is effective for a period not too exceed 12 months.
  19. As many of you may know, HHS issued a class J&A back in March 2020 covering COVID-19 requirements. According to the class J&A the period of performance of the awards are not to exceed 12 months. Does anyone know if there's an expiration date to the class J&A? and can the period of performance of the awarded contracts exceed March of 2021 (1 year after the class J&A was issued)?
  20. I have a firm fixed price purchase order for maintenance services on scientific equipment. If the equipment is decommissioned prior to the end of the purchase order for the maintenance agreement, can the purchase order be cancelled since the equipment no longer exists or does this need to be processed as a termination?
  21. Curious to get thoughts on the following: A few years ago I was working on the award of an R&D contract (disease research) in which the offeror proposed laptops in their proposal as well as cost for building rental and servers. I struggle with including this as direct cost to the contract as it will not be solely used during the performance of the contract. I would like to know the thoughts of others. Should the listed cost be covered in their indirects?? There are also situations where offerors propose budget analyst as staff on the contract. Where are your thoughts?
  22. So I have a firm fixed price severable contract for IT help desk support. With the contract, two positions are named as Key Personnel per the clause and are also considered essential to the contract. During contract performance, one of the key personnel positions was vacant for 2 months. During this time period, performance on the contract suffered and deliverables were not met. The government does not want to terminate the contract but wonders if we can suspend payment for the Key Personnel position during the 2 months it was vacant? Is this possible given the fact that it is a fixed price contract?
  23. That is the stance I'm currently taking. Extending the POP with mutual agreement. I want to make sure that there are no limitations on the amount of time needed.
  24. Thank you. The government is does not intend on terminating the contract as we have a vested interested in the outcome. The contractor will need more time to complete.
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